139 Mo. App. 1 | Mo. Ct. App. | 1909
This is an action of replevin, instituted before a justice of the peace of Kelso township in Scott county. The complaint was duly verified by the affidavit of plaintiff and alleged he was the owner of a cow and calf of the following description: “A large red cow with calf about four months old,” and that the cow, prior to March 12, 1907, was in the possession of G. W. Kesse; that defendant Hallec Wilson is constable of said township and defendant J. D. Randolph, is deputy constable, acting under said Wilson; that on March 12, 1907, said Randolph, as deputy constable, levied on the cow and calf under and by virtue of an execution against G. W. Kesse, and said cow and calf are now in the possession of said Randolph and Wilson, not having been taken under an attachment or execution against plaintiff; that plaintiff has the right to their possession and the same are being wrongly withheld from him; wherefore he prayed judgment for the restoration of them and damages sustained for the wrong
The judgment is affirmed.